Orissa Court February 2009 Judgments
K. Narayan Rao and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-26-2009
Reported in: 107(2009)CLT638
1. Heard further argument and the Judgment is as follows.2. Petitioner in W.P.(C) No. 10837 of 2008 inter alia challenges the show cause notice, Annexure-11 series issued, by which the Superintendent of Excise, Gajapati has asked to show cause as to why the licenses granted to operate outstill liquor shops at Parlakhemundi Zone No. 1, Parlakhemundi Zone No. 11, Uppalada, Rayagada, Garabandha, Kasinagar, Hadubhangi, Ramgiri and Cheligada be cancelled for breach of the conditions of the licenses.3. Petitioners in W.P.(C) Nos. 11584 of 2008 and 12912 of 2008 have applied to this Court to direct the Sate Government to stop the practice of centralized outstills or single point outstills of outstill liquor in the district of Gajapati, besides making other grievance on the Excise Policy of the State Government and relating to the unemployment problem. However, in course of hearing, submission is made relating to issue of direction to the State to stop the practice of centralized outstills and...
Tag this Judgment!Sri P. Satyanarayan Patro Vs. Orissa Power Transmission Corporation Lt ...
Court: Orissa
Decided on: Feb-26-2009
Reported in: 108(2008)CLT124; 2009(I)OLR989
R.N. Biswal, J.1. In this writ petition, the petitioner seeks to challenge the order of punishment passed by opp.party as per Annexure-11 directing 20% of his pension to be reduced permanently, and the order of the appellate authority confirming the same under Annexure-13.2. As per the writ petition, having been duly selected , the . petitioner was appointed as Sub-Assistant Engineer (Electrical) on 13.1.1975 by the Chief Engineer, Orissa State Electricity Board, Bhubaneswar and retired from service on superannuation from GRIDCO on 31.3.2003. After 'his retirement, opp.party No. 1 served with a charge sheet on the gro.und that while he was working as Junior Engineer at Bhanjanagar Sub-Division for the period 9.12.1981 to 28.8.1990, he committed the following irregularities:(1) Negligence in duty to lack of proper supervision of construction work of the tower;(2) Caused heavy financial loss to OSEB/GRIDCO;(3) Gross misconduct;3. It was alleged that due to his negligence, during construc...
Tag this Judgment!Trilochan Sahoo Vs. Srimati Sarala Sahoo
Court: Orissa
Decided on: Feb-25-2009
Reported in: 2009CriLJ3281; 2009(I)OLR623
B.K. Patel, J.1. This revision is directed against the judgment dated 21.03.1996 passed by the learned 1st Additional Sessions Judge, Cuttack dismissing the Criminal Appeal No. 51 of 1993 preferred against judgment dated 17.3.1993 passed by the learned J.M.F.C, Jagatsinghpur in I.C.C. No. 94 of 1986 (Trial No. 22 of 1993) convicting the petitioner under Section 494 of the I.P.C. and sentencing him to undergo R.I. for one year and to pay fine of Rs. 500/-, in default to undergo S.I. for two months with further direction to pay Rs. 400/- to opposite party as compensation if the fine amount is realized.2. Opposite party-complainant is the petitioner's legally married wife. It appears that I.C.C. No. 94 of 1986 (Trial No. 22) of 1993) was instituted by the opposite party against the petitioner and some co-accused persons for commission of offence under Section 494 read with 109 of the I.P.C. It was alleged that the marriage between the petitioner and opposite party was solemnized in 1971. ...
Tag this Judgment!Bishnu Charan Hota Vs. Smt. Mukta Manjari Hota
Court: Orissa
Decided on: Feb-25-2009
Reported in: AIR2009Ori144; 107(2009)CLT563
1. When there is no report about any step for conciliation, we heard further argument. Hearing is concluded and the Judgment is as follows.2. This appeal has been filed by the husband-Appellant challenging to the Judgment and decree passed in Civil Proceeding No. 255 of 1998 by the Judge, Family Court, Cuttack in refusing to grant decree of divorce to the Appellant under Section 13 of the Hindu Marriage Act, 1955 (in short 'the Act').3. It appears from the application under Section 13 of the Act that the Appellant married to the Respondent on 19.05.1996. He alleged that because of the swelling feet of the Respondent he ascertained from the Respondent and her brother that she was under treatment for filaria and thereafter the Respondent deserted him about twenty-two days after the marriage and did not join with him again in spite of steps taken by the Appellant for a re-union. He alleged that during her 22 days' stay with him Respondent ill-treated him by misbehaviour and caused him to ...
Tag this Judgment!State of Orissa Vs. Managobinda Sahoo
Court: Orissa
Decided on: Feb-25-2009
Reported in: 107(2009)CLT580
Indrajit Mahanty, J.1. In the present application filed under Section 378 Cr.P.C, leave has been sought for to file an appeal against the order and Judgment of acquittal dated 31.5.2000 passed by the Learned Special Judge (Vigilance), Jaipur in Vigilance G.R. Case No. 98 of 1997.2. Shorn of unnecessary details, according to the Learned Counsel for the Vigilance Department, the prosecution case is that on 30.9.1997 at about 2.45 P.M. the Vigilance Raiding Party raided the business premises of the accused and on physical verification of stock of distribution register were produced but no stock register of both sugar and kerosene could be produced.3. Based on the result of such raid, the accused-Opposite Party stood for trial for offence under Section 7 and 9 of the Essential Commodities Act. The defence plea was complete denial and that the business premises of the accused has never been raided nor verified by any of the vigilance staff.The Trial Court concluded the trial and passed orde...
Tag this Judgment!Sunil Kumar Dash Vs. the District Judge-cum-appointing Authority and a ...
Court: Orissa
Decided on: Feb-25-2009
Reported in: 107(2009)CLT756
I. Mahanty, J.1. Petitioner Sunil Kumar Dash, a Junior Clerk in the judgeship of Keonjhar, Has sought to challenge the Order Dated 25.11.2002 passed by the Learned District Judge, Keonjhar giving promotion to Opposite Party No. 2, who was junior to the Petitioner, on the ground that the Petitioner has certain adverse entries in his Confidential Character Roll.2. Case of the Petitioner is that the Petitioner joined as Junior Clerk in the judgeship of Keonjhar after having successfully passed in the competitive examination and was appointed on probation with effect from 4.3.1982. Petitioner also passed the Departmental Examination on 20.5.1988 and was confirmed as a Junior Clerk as on 1.2.1992. Since then he was working as Junior Clerk in the office of SDJM, Keonjhar. Petitioner claims that he is the senior-most Junior Clerk in the judgeship of Keonjhar and is placed at serial No. 1 in the gradation list in the year 2002. As he possesses unblemished service record, under Rule 10 of the O...
Tag this Judgment!Panua @ Pravat Kumar Chand Vs. State of Orissa
Court: Orissa
Decided on: Feb-25-2009
Reported in: 2009(I)OLR965
B.K. Patel, J.1. By the impugned judgment and order passed by the learned Ad hoc Additional Sessions Judge, Cuttack in S.T. Case No. 317 of ,2005, the appellant has been convicted for commission of offences under Sections 365, 366 and 376 of the I.P.C. He has been sentenced to undergo R.I. for three years and to pay a fine of Rs. 1,0007-(Rupees one thousand), in default to undergo R.I. for three months, each under Sections 365 and 366 of the I.P.C; and to undergo R.I. for five years and to pay a fine of Rs. 2,0007- (Rupees two thousands,), in default to undergo R.I. for three months, under Section 376 of the I.P.C.2. Law was set into the motion on the basis of report lodged by victim-P.W.I's father, the informant P.W.4 on 13.11.2003 before P.W.16, S.I. of Police of Nemala Police Out Post under Salipur Police Station. Prosecution case, in a nutshell, is that on 11.11.2003 there was immersion procession of Lord Kartikeswar in the occurrence village. In order to witness the procession P.W...
Tag this Judgment!Sri Askhaya Sethi @ Akhaya Kumar Sethi Vs. Sri Shyam Sundar Das
Court: Orissa
Decided on: Feb-20-2009
Reported in: (2009)107CALLT524(NULL)
M.M. Das, J.1. Election to the Office of Sarpanch of Odanga Gram Panchayat, which consists of 15 wards, was held on 15.02.2007. The Petitioner was returned as the Sarpanch of the said. Gram Panchayat in the aforesaid election. The election of the Petitioner has been challenged by the Opposite Party in Election Misc. No. 56 of 2007 pending before the Learned Civil Judge (Junior Division), Bhadrak. The grounds set forth in the election petition filed under Section 31 of the Orissa Gram Panchayat Act, 1964 are that 12 numbers of votes cast in favour of the election Petitioner have been wrongly rejected, three ballot papers one each in Booth Nos. 4,5 and 7 have been illegally accepted in favour of the Writ Petitioner, nine persons have voted in Booth Nos. 8 as well as Booth No. 14 and similarly 5 persons have cast their votes in Booth No. 7 of Odanga Gram Panchayat as well as in Booth No. 1 of Chhyalsingh Gram Panchayat and such persons were supporters of the Writ Petitioner, who was the O...
Tag this Judgment!Orissa Private Law College Teachers' Association represented through I ...
Court: Orissa
Decided on: Feb-19-2009
Reported in: 2009(I)OLR710
B.P. Das, J.1. Petitioner No. 1 is the Orissa Private Law Colleges Teacher's Association, petitioner No. 2 is a Lecturer of a Private Law College and petitioner No. 3, who was a student of a Private Law College, is now a practising Advocate on this Court.2. This writ application was filed in the year 1993 with a prayer to direct the opposite parties to extend the privileges of grant-in-aid and sanction other financial assistance to the Private Law Colleges existing in the State of Orissa and to equate the salary of teachers of Private Law Colleges with that of their counterparts serving in other private colleges, by extending the benefits of grant-in-aid.3. A counter affidavit has been filed by the opposite party No. 1-State as back as in the year 1996, taking the stand that in view of the provisions made in Section 7-C of the Orissa Education (Amendment) Act, 1994, private colleges imparting education in law are not entitled to get the benefit of the grant-in-aid. Section 7-C(1) of th...
Tag this Judgment!Jagdish Kumar Tripathy Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-19-2009
Reported in: 107(2009)CLT713
Indrajit Mahanty, J.1. The Appellant-Sri Jagdish Kumar Tripathy in this appeal has sought to challenge the Judgment and Order Dated 10.1.2008 passed by the Learned Single Judge of this Court in W.P.(C) 15742 of 2006, whereby, the writ application filed by the present Respondent No. 6 came to be allowed with the direction to consider the candidature of Respondent No. S for appointment as Multi Purpose Assistant (Gram Rojagar Sevak) in Baharpur Gram Panchayat under Dharakot Block.2. Mr. Mohapatra, Learned Counsel appearing for the Appellant submitted that an advertisement was published by the Collector, Ganjam calling for applications from eligible candidates for appointment as Multi Purpose Assistant (Gram Rojagar Sevak) and it was stipulated therein that a candidate must have passed the 10+2 examination and preference would be given to Commerce stream having computer proficiency of 'O' Level with use of Oriya language in computer. Learned Counsel for the Petitioner submitted that pursu...
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